New internal passports - risk or protection? LCA responds to criticism
26.11.2015
New internal passports - risk or protection? LCA responds to criticism
Ukraine's transition to ID-cards instead of paper "books" are preparing for a long time, and now this prospect - real. The photo prototype "passport", dated 2011 year. The new document will definitely be different, but the format of a plastic card - remain. The amendments proposed in the framework of the visa dialogue with the EU security documents have already become a topic for discussion - and in the parliament, and civil society. "European truth" is published according to some representatives of the expert community, which severely criticized the government bill №3224. The core committee of BP as there is skepticism about the government project as demonstrated expert discussion organized YevroPravdoyu. But the government there are arguments in favor of the idea - in fact, they say that not all experts claim is justified. Therefore, we provide the right to publish and State Migration Service (SMS). * * * * * As you know, in 2012 the current is the law of Ukraine "On the unified state population register ...", followed by on January 1, 2015 Ukrainian There are biometric passports for travel abroad, and from January 1, 2016 will start issuing new "internal" passports - rather than obsolete now booklets issued plastic ID-card. And any changes require legislative support. Because of plans to introduce ID-card government proposed a bill №3224. Mostly it concerns of this document and is intended to solve a number of problems and contradictions in the current law. Today we hear the arguments saying that Ukraine has to withdraw from single demographic registry. But do not forget: this legislation is already in force! It has been amended six times, followed by nationals already issued more than 1.7 million documents. And to understand the norms of the law, something that caused such criticism. Is it threatens human rights? Or maybe vice versa - provides citizens with greater protection? What's new government offers Personalized access to personal data. This is perhaps the most important innovations of the bill, but the critics do not mention. It is proposed that all sessions accessing any official to personal data recorded system automatically and the data stored. Subsequently, each person can receive free information about who, when and on what basis browsing information about it in the Register. Separately fiksuvatymetsya information about who, when and on what basis has been amended to personal data in the Register. Registration of ID-cards of 14 years, not since birth. The current law on YEDDR provides that "internal passports", ID-cards have cleared every citizen from birth. Instead, the government proposes to issue them with the 14 years. This is a common European practice adapted to Ukrainian legislation, because the age of 14 following a partial capacity, and adolescents at this age can already perform certain transactions without always requiring the presence of parents with passports. There are no restrictions on the design of the passport. The bill proposes to abandon the practice of denials passport to travel abroad because of unpaid child support, or through utility bills outstanding conviction. This control is now twice - when you make a passport and crossing the border. But this dual control does not make sense! It was at the checkpoint on the border of the world verifies that there are no reservations about leaving people out of the country, duplication of functions at the same passport delaying procedures for all citizens and provides an additional reason for corruption. There are no geographical limitation. Passports in the form of ID-cards will be in any place, regardless of place of residence - citizens will not be "tied" to the so-called "passport offices," as it is today. Expansion of business registration. Public centers providing administrative services (called "TsNAPy") and state enterprise "document" is proposed to register subjects that will contribute to facilitating citizens receiving administrative services in the field of passport and reducing corruption. If today TsNAPy act only as intermediaries who take on public documents and submit them to the Migration Service, the proposal of the Government - to give them the right to adopt applications (introduction of primary information to the Register) and issuance of documents. Migration Service only make a decision on identification and passport, that will work in the "back office" model for most European countries. Yes, you heard right. LCA is prepared to voluntarily give up certain powers for TsNAPiv. Even more - we ourselves have initiated such refusal. However, this reform can not happen in one day, while TsNAPy units and migration services citizens will accept parallel. Digitization of existing data migration service. All data about citizens who are on paper in the form F-1, should gradually to digitize and make YEDDR, and this bill provides. The motives for this - a few in particular that this recommendation sounds from representatives of the European Commission. In addition, the digitization of data will shorten the registration of ID-cards from the current 30 days to 7 and 20 workers, similar to the design of the passport. Adding to the ID-card digital signature introduction of new ID-card does not mean only replacing the paper document in plastic. No less important consequence - the development of electronic services. By ID-cards will be made electronic digital signature of the person, and it can be to provide citizens with high-quality, transparent, safe and fast service. This is important in the context of the introduction of e-governance. Why do need a chip in the passport? Electronic chip and its functional characteristics (including electronic signatures) reduce the risk of forgery to a minimum. ID-card meet modern requirements and provide, on the one hand, the protection of "identity theft" (identity theft) and similar dangers, but on the other hand - contributing to the development of e-services and increase the efficiency of the public service as a whole. The bill also contains a lot of technical points needed to introduce a new system for identifying and issuing ID-cards. Is the bill perfect? Does it solve all the problems YEDDR? Although the idea of ??the bill №3224 received a favorable assessment of the European experts during the last monitoring mission under the visa dialogue with the EU, State Migration Service agrees: a government project can and should be improved. Here we see the role of experts and the Parliamentary Commissioner for Human Rights. But the presence of certain clauses in no way mean that we must abandon the bill as a whole. The necessary amendments can be made to the second reading and LCA is ready to actively participate in this process. And the Parliament will be able to determine whose arguments are more reasonable. So what are the main comments? Here are the key messages from the article of our esteemed critics and try to give their comments on them. "The bill №3224 proposes to maintain and develop a mega-database of personal data -
United State population register (YEDDR). "First, similar database is in many countries, including the EU. Such a framework simplifies and makes more transparent procedure of registration and issuance of documents. The centralized base prevents so-called" identity theft ", ie gives the citizen a guarantee that the rest of the country will not be issued a duplicate of his instrument. In addition, it simplifies the verification of the person, as it enables to identify it, comparing the various available data on it. Second, the fact that today builds LCA, in any the case can not be called "mega-base." The ideology of the establishment of the Register does not include submission of all data contained in departmental information systems - they need only information given person documents and this information is needed solely to prevent cases of extradition of two similar documents contrary to the laws, and to provide identification, including in cases of loss of documents. Third, the register de facto vnosytymetsya exactly the information that is already in the Migration Service on paper, including the parent entity. However, we agree with the criticism - the law actually requires clarification that information and with whom VIS shall be entered in the Register. The second reading is necessary to prescribe limits on the use of personal information from YEDDR and exhaustive list of public bodies and institutions that have access to YEDDR and the rights and obligations of a Register. It should also establish a comprehensive list of state register, which will have access manager of the Register. Such access shall be limited exclusively purposes of identification. It is important to add that the reform of the LCA, which has already started, involves substantial strengthening of internal control, including - compliance with legislation on personal data protection. The creation of thousands of local databases, offering an "alternative" bill vice versa - make it impossible for any monitoring, as well as receiving administrative services by citizens outside the settlement where they live. By the way, the consequences of the absence of a unified database, we strongly feel today as an example of citizens who are forced to leave the Crimea and eastern Ukraine territories controlled by terrorists. "The bill proposes to legalize
Business parasite laying in the identification field. "The bill provides for the inclusion among the subjects of the Register of administrative services centers and public enterprises, which is in the field of DCC (yes, it comes to SE" Document "). What does it do? The goal is to preventing corruption in the sphere of LCA. We decided to split the process of receiving applications from citizens and decision-making on these statements. The front office will serve TsNAPy and service centers SOEs, back offices - units of the SMS. It will prevent communication of citizens with the officials who make decisions , respectively - minimizes corruption risks. It should be emphasized that the state does not prymushuvatyme citizens to apply to any particular front office and they alone will be able to choose the place where to apply. Thus, service centers established SE "Document", provide additional payment for service as a state enterprise does not receive any funding. And if in some cities, districts or regions TsNAPy can offer citizens quality and cheaper services, people will go just to them. A DMS under the new law, as already stated, TsNAPam provide all the necessary facilities. And finally, it is about a state enterprise, not private entities, therefore the cost of the SE controlled by the state. And we understand the concerns of experts and society. Therefore, to avoid ambiguous interpretation of the law for the second reading the bill is necessary to clarify that the GP is authorized on entering data in the Register alone in this enterprise established service centers, but in no event in the migration service units. That is not to leave any chance for "merging" SE "Document" with officials LCA. Front office and back office should be separated. "The bill preserves the opaque and corrupt
system of payment of passport services. "№3224 bill does not contain any of theses regarding the payment of passport services. As for now the existing system of payment, it is, in our opinion, are fully transparent and legitimate. On no" corruption schemes "here question. To date, in the design of the passport of citizen of Ukraine for traveling abroad as normal citizens pay the state fee (170 USD), and the cost of administrative services (87 UAH 15 kopeks.) and the value of the form (depending on the type of passport 304 UAH 32 kopecks. by the form of electronic chip and 238 UAH 32 kopecks. without it) - is in the documents within 20 working days. If the registration document within 7 working days the amount of the state fee and the cost of administrative services doubles These payments established by the legislation. The funds to pay the registration fee and cost adminuslugi coming to the local budget, the migration service to them is not involved and no way to dispose of these funds. A local community, if desired, can keep them on the development TsNAPiv. The funds are coming to a special Treasury account VMI Ukraine from paying the cost of the form, immediately transferred the state enterprise "Polygraph" Ukraine. "This is really - just pay for blank passports and its personalization. Penny of it at the disposal of LCA remains. As happen if lawmakers decide to cancel payment for the form (after all calls to this are heard from time to time)? In the state budget for 2015 does not provide separate funding for passport blanks and their personalization. Therefore, in the event of termination pay this payment nationals Migration Service just does not have another choice but to stop issuing passports because of lack of funding. For without paying this money we just do not get the forms in Polygraph! But from this we understand that the criticism of experts need to listen. Therefore Migration Service has made proposals to settle the payment system at Registration of passports, and we propose to resolve this issue for the second reading of the law №3224. "The bill provides for the possibility №3224
Paid reports and extracts from the Demographic Registry. "This counterargument easiest. Excerpts from the Register provided to citizens free of charge. This is stated in Article 9 of the Law of Ukraine" On Unified State population register "and needs no elaboration. * * * * * So, we have justification - why the bill №3224 offers just such innovations. We are ready to communicate and justify its position. However, LCA is open to dialogue. We are ready to hear criticism and acknowledge - through deputies and experts a government bill can and should be improved. But for this it should adopt the first reading. Especially - in view of the fact that Ukraine has truly European Commission show that we are ready to move to a visa-free regime.
United State population register (YEDDR). "First, similar database is in many countries, including the EU. Such a framework simplifies and makes more transparent procedure of registration and issuance of documents. The centralized base prevents so-called" identity theft ", ie gives the citizen a guarantee that the rest of the country will not be issued a duplicate of his instrument. In addition, it simplifies the verification of the person, as it enables to identify it, comparing the various available data on it. Second, the fact that today builds LCA, in any the case can not be called "mega-base." The ideology of the establishment of the Register does not include submission of all data contained in departmental information systems - they need only information given person documents and this information is needed solely to prevent cases of extradition of two similar documents contrary to the laws, and to provide identification, including in cases of loss of documents. Third, the register de facto vnosytymetsya exactly the information that is already in the Migration Service on paper, including the parent entity. However, we agree with the criticism - the law actually requires clarification that information and with whom VIS shall be entered in the Register. The second reading is necessary to prescribe limits on the use of personal information from YEDDR and exhaustive list of public bodies and institutions that have access to YEDDR and the rights and obligations of a Register. It should also establish a comprehensive list of state register, which will have access manager of the Register. Such access shall be limited exclusively purposes of identification. It is important to add that the reform of the LCA, which has already started, involves substantial strengthening of internal control, including - compliance with legislation on personal data protection. The creation of thousands of local databases, offering an "alternative" bill vice versa - make it impossible for any monitoring, as well as receiving administrative services by citizens outside the settlement where they live. By the way, the consequences of the absence of a unified database, we strongly feel today as an example of citizens who are forced to leave the Crimea and eastern Ukraine territories controlled by terrorists. "The bill proposes to legalize
Business parasite laying in the identification field. "The bill provides for the inclusion among the subjects of the Register of administrative services centers and public enterprises, which is in the field of DCC (yes, it comes to SE" Document "). What does it do? The goal is to preventing corruption in the sphere of LCA. We decided to split the process of receiving applications from citizens and decision-making on these statements. The front office will serve TsNAPy and service centers SOEs, back offices - units of the SMS. It will prevent communication of citizens with the officials who make decisions , respectively - minimizes corruption risks. It should be emphasized that the state does not prymushuvatyme citizens to apply to any particular front office and they alone will be able to choose the place where to apply. Thus, service centers established SE "Document", provide additional payment for service as a state enterprise does not receive any funding. And if in some cities, districts or regions TsNAPy can offer citizens quality and cheaper services, people will go just to them. A DMS under the new law, as already stated, TsNAPam provide all the necessary facilities. And finally, it is about a state enterprise, not private entities, therefore the cost of the SE controlled by the state. And we understand the concerns of experts and society. Therefore, to avoid ambiguous interpretation of the law for the second reading the bill is necessary to clarify that the GP is authorized on entering data in the Register alone in this enterprise established service centers, but in no event in the migration service units. That is not to leave any chance for "merging" SE "Document" with officials LCA. Front office and back office should be separated. "The bill preserves the opaque and corrupt
system of payment of passport services. "№3224 bill does not contain any of theses regarding the payment of passport services. As for now the existing system of payment, it is, in our opinion, are fully transparent and legitimate. On no" corruption schemes "here question. To date, in the design of the passport of citizen of Ukraine for traveling abroad as normal citizens pay the state fee (170 USD), and the cost of administrative services (87 UAH 15 kopeks.) and the value of the form (depending on the type of passport 304 UAH 32 kopecks. by the form of electronic chip and 238 UAH 32 kopecks. without it) - is in the documents within 20 working days. If the registration document within 7 working days the amount of the state fee and the cost of administrative services doubles These payments established by the legislation. The funds to pay the registration fee and cost adminuslugi coming to the local budget, the migration service to them is not involved and no way to dispose of these funds. A local community, if desired, can keep them on the development TsNAPiv. The funds are coming to a special Treasury account VMI Ukraine from paying the cost of the form, immediately transferred the state enterprise "Polygraph" Ukraine. "This is really - just pay for blank passports and its personalization. Penny of it at the disposal of LCA remains. As happen if lawmakers decide to cancel payment for the form (after all calls to this are heard from time to time)? In the state budget for 2015 does not provide separate funding for passport blanks and their personalization. Therefore, in the event of termination pay this payment nationals Migration Service just does not have another choice but to stop issuing passports because of lack of funding. For without paying this money we just do not get the forms in Polygraph! But from this we understand that the criticism of experts need to listen. Therefore Migration Service has made proposals to settle the payment system at Registration of passports, and we propose to resolve this issue for the second reading of the law №3224. "The bill provides for the possibility №3224
Paid reports and extracts from the Demographic Registry. "This counterargument easiest. Excerpts from the Register provided to citizens free of charge. This is stated in Article 9 of the Law of Ukraine" On Unified State population register "and needs no elaboration. * * * * * So, we have justification - why the bill №3224 offers just such innovations. We are ready to communicate and justify its position. However, LCA is open to dialogue. We are ready to hear criticism and acknowledge - through deputies and experts a government bill can and should be improved. But for this it should adopt the first reading. Especially - in view of the fact that Ukraine has truly European Commission show that we are ready to move to a visa-free regime.
Author: Maxim Sokolyuk,
Acting Head of the State Migration Service of Ukraine
Acting Head of the State Migration Service of Ukraine
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